Thompson v Coolmar Ltd [2017] NIIT 00279_17IT (07 July 2017)

Thompson v Coolmar Ltd [2017] NIIT 00279_17IT (07 July 2017)

No fundamental breach of contract occurred; claimant's allegations were not substantiated, grievance and appeal procedures were reasonable, and typographical error in appeal hearing letter was trivial and did not constitute a 'last straw' justifying resignation.

Citation
[2017] NIIT 00279_17IT
Parties
Claimant: Ashley Victoria Thompson; Respondent: Coolmar Ltd
Jurisdiction
Northern Ireland
Judgment Date
07 July 2017
Procedural Posture
Industrial Tribunal Constructive Unfair Dismissal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Constructive Dismissal, Unfair Dismissal, Grievance Procedure, Employment Contract, Repudiatory Breach
Employment Law Constructive Dismissal Unfair Dismissal Grievance Procedure Employment Contract Repudiatory Breach

Case Brief

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Parties

Ashley Victoria Thompson

Claimant

Coolmar Ltd

Respondent

Procedural Posture

Industrial Tribunal Constructive Unfair Dismissal / Final Judgment

Legal Issues

  1. 1 Whether the respondent's conduct amounted to a fundamental breach of contract justifying constructive unfair dismissal
  2. 2 Whether the grievance and appeal procedures were conducted fairly
  3. 3 Whether the claimant was demoted or threatened with disciplinary action

Ratio Decidendi

No fundamental breach of contract occurred; claimant's allegations were not substantiated, grievance and appeal procedures were reasonable, and typographical error in appeal hearing letter was trivial and did not constitute a 'last straw' justifying resignation.

Court Disposition

Claim dismissed

Orders

  • Claim of constructive unfair dismissal dismissed
  • All claims dismissed